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Thomas McJD, Attorney

Category: Estate Law

Satisfied Customers: 3170

Experience: Wills, Trusts, Probate & other Estate Matters

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My name is ***** ***** If someone has a irrevocable trust

Customer Question

Hello. My name is ***** ***** If someone has a irrevocable trust in Michigan and want daycare service, do they have to use a license daycare provider? My totally disable son who is 23yrs old and weighs 180lb goes to physical therapy. I was trying to have the trust pay his brother who drives 10.11 miles plus he stays there for the whole hour to pick him up and move him around as needed.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Who is the trustee of the trust?.Is the trustee unwilling to use anyone but licensed daycare services?.Are you asking if the trustee has to use a licensed daycare service or if they can be compelled to use your other son?..thanksBarrister

PNC Bank in Ohio is the trustee and I am too. PNC is telling me that now I have to use a license daycare for any type of care for my son. No one who works in a license daycare business is gonna send a worker out to lift a 180lb person to risk injury on the job. This is why I have my older son help because he is able to assist me. All I ask them to do is pay for his gas and time from his daily life for helping out.

Ok, if there is nothing in the trust that requires a licensed daycare worker to assist, then it would be up to the trustees to determine if it is necessary to have someone that is licensed. The bank is likely acting out of caution because if son was injured by the licensed worker, they could sue the employer for damages..However, if your other son is willing to do this, and the bank is refusing to allow it and pay him for his time, your recourse is to file a "motion to compel" against the bank in the local probate court and have a judge determine if this would be permissible. I think that if your other son is willing and physically able to assist, then a judge would rule that he was entitled to be compensated for his time...thanksBarrister

There is nothing in the trust about who or what type of person or business to use. About three months ago I was told verbally over the phone that they would no longer pay anyone without being license. I do not understand that if I am supposed to be a trustee too where do my voice count.I thank you for your time and patience.

Ok, who has control over the finances of the trust?.Do you have access to trust funds so as to pay son for assisting?.Does the trust state who has authority to make decisions about spending trust money?..thanksBarrister